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Commission Assesses EU’s Asset Recovery and Confiscation Regime
On 2 June 2020, the Commission presented its report on asset recovery and confiscation, entitled “Ensuring that crime does not pay.” The proceeds of organised crime in the EU are currently estimated at about €110 billion per year. As reported by Europol, however, … Read more
Thomas Wahl
EU
Freezing of Assets / Confiscation
CJEU: Member States Must Sufficiently Compensate Victims
The Italian Supreme Court of Cassation referred questions on the applicability of Directive 2004/80/EC as regards compensation to crime victims and the amount of compensation provided therein. On 16 July 2020, the Grand Chamber of the CJEU delivered its judgment on the case (C-129/19 … Read more
EU
European Court of Justice (ECJ)
Victim Protection
Commission Unsatisfied with Transposition of Victims’ Rights Directive
The full potential of the 2012 Victims’ Rights Directive (Directive 2012/29/EU) has not yet been reached. The implementation of the Directive is not satisfactory. This is particularly due to incomplete and/or incorrect transposition. These are the main conclusions of the recent Commission implementation … Read more
EU
Victim Protection
Commission: Directive on European Protection Order Underused in Practice
The legislative implementation of Directive 2011/99/EU on the European Protection Order (EPO) in criminal matters is satisfactory, in particular the mechanism for recognising EPOs. The EPO has been applied only in few cases in practice, however; its full potential has not been reached. These are … Read more
EU
Victim Protection
EDPS Report on Data Protection Impact Assessments in EU Institutions
On 6 July 2020, the European Data Protection Supervisor (EDPS) published a report on how EU institutions, bodies, and agencies (EUIs) carry out Data Protection Impact Assessments (DPIAs) when processing information that presents a high risk to the rights and freedoms of natural persons. DPIAs … Read more
EU
Data Protection
EDPS Statement on GDPR Evaluation: Stronger European Solidarity Needed for Enforcement
The European Data Protection Supervisor (EDPS), Wojciech Wiewiórowski, welcomed the European Commission’s review of the General Data Protection Regulation (GDPR – see separate news item). In a statement issued on 24 June 2020, he especially agrees that the GDPR has strengthened the … Read more
EU
Data Protection
Commission Evaluation Report on GDPR
On 24 June 2020, the European Commission published its first report on the evaluation and review of the General Data Protection Regulation (GDPR). The report comes two years after the Regulation became applicable on 25 May 2018. As stipulated by Art. 97 of the GDPR, … Read more
EU
Data Protection
CJEU: Petitions Committees in German State Parliaments Subject to GDPR & Referring Court is Independent
On 9 July 2020, the CJEU ruled on the reference for a preliminary ruling of the Administrative Court of Wiesbaden in Case C-272/19. The reason for the referral was the question of whether a parliamentary petitions committee is subject to the General Data Protection … Read more
EU
European Court of Justice (ECJ)
Data Protection
EU-US Data Transfers: CJEU Shatters Privacy Shield − Schrems II
In response to questions referred by the Irish High Court, the CJEU’s Grand Chamber ruled on 16 July 2020 in case C-311/18 that Commission Decision 2016/1250 on the adequacy of the protection provided by the EU-US Privacy Shield was invalid. By contrast, Commission Decision 2010/87 … Read more
EU
European Court of Justice (ECJ)
Data Protection
Access to Lawyer despite Absence of Investigating Judge
The CJEU ruled that Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings must be interpreted in the light of Art. 47 of the EU Charter of Fundamental Rights (CFR) as meaning that the right cannot be delayed to the suspected … Read more
EU
Procedural Safeguards
Commission: Companies with Links to Tax Havens Should Not Receive Public Money
On 14 July 2020, the Commission made recommendations for a coordinated approach by all EU Member States not to grant State aids to companies that have links to countries that are featured on the list of non-cooperative tax jurisdictions. Restrictions should also apply to companies … Read more
EU
Tax Evasion
Improving Fight against Tax Fraud – Commission Presents Tax Package
As part of the EU’s general aim of economic recovery and long-term growth, the Commission presented a new tax package on 15 July 2020. The Commission intends to achieve fairer and simpler taxation throughout the EU. The package puts the fight against tax abuse at … Read more
EU
Legislation
Protection of Financial Interests
Tax Evasion
MEPs Propose Far-Reaching Measures to Stop Money Laundering
High-quality, interconnected registers of beneficial ownership, a preventive blacklisting policy, effective sanctions and beefed-up EU supervision – these are the main requests from MEPs as set out in the resolution “A comprehensive Union policy on preventing money laundering and terrorist financing.” The resolution was adopted … Read more
EU
Money Laundering
Romania and Ireland Must Pay for Not Having Implemented 4th AML Directive
On 16 July 2020, the CJEU upheld the Commission’s application that Romania and Ireland had infringed their obligation under the EU Treaties by not having transposed the fourth Anti-Money Laundering Directive (Directive 2015/849) in time. Romania and Ireland neither adopted the national measures transposing the … Read more
EU
European Court of Justice (ECJ)
Money Laundering
EP Calls for Greater Efforts to Protect Financial Interests
On 10 July 2020, the European Parliament adopted a resolution on the Commission’s annual fraud report 2018 (see eucrim 3/2019, pp. 168-169). The EP has taken a position on several topics of the PIF report, including:Detection and reporting of irregularities;Revenue – own … Read more
EU
Protection of Financial Interests
EU-Police Partnership on Agenda at First Council Home Affairs Meeting under Germany’s Presidency
At the first meeting of the EU home affairs ministers under Germany’s Council Presidency on 7 July 2020, discussions focused on the European police partnership and on search and rescue at sea/combating human smuggling activity.Federal Minister of the Interior Horst Seehofer stressed the … Read more
EU
Council
Europol
Frontex